GURU PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal arises out of the judgment of the District and Sessions Judge, Kaushambi dated 29.02014 whereby the appellant, Guru Prasad has been convicted and awarded sentence of life imprisonment with penalty of Rs. 50,000/- and on non-payment of penalty a period of 5 years of rigorous imprisonment.

(2.) Briefly stated the facts of the case are that a First Information Report was lodged on 30.06.2009 by one Raghvendra Mishra, son of the accused-Guru Prasad stating therein that his brother Surendra Kumar Mishra alias Nan Bhaiya was murdered on 30.06.2009 at about 09:15 AM by his father, Guru Prasad with an axe, several blows of which were dealt on the face, neck and forehead of the deceased. This horrendous act was carried out inside the house. The First Information Report was lodged at 10:30 A.M. The police station is stated to be about 8 kms. from the site of the incident. On the basis of the First Information Report a Crime Case Number 194/2009, under Section 302 I.P.C was registered. Shri Dinesh Prakash Pandey, Station House Officer, Sarai Akil, District Kaushambi investigated the case. He reached the site of the murder immediately and collected blood samples from there which were sealed and thereafter the recovered material was sent for forensic investigation. It has also come on record that the murder weapon, namely, the axe was recovered from a dilapidated and abandoned neighbouring house. Inquest was carried out on the same date on 30.06.2009 at about 10:30 A.M. The Post Mortem of the deceased Surendra Kumar Mishra alias Nan Bhaiya was carried out on 1st July, 2009 at about 2:00 PM. by Dr. Ashutosh Pandey, PW-6. He noted the following injuries on the person of the deceased:-

(3.) In the internal injuries, frontal bone of head and the nasal bone were found broken. The membranes were torn and blood had collected in clots, wind pipe was cut. The report of the Doctor was that the injuries were caused by a sharp edged weapon.